THE OUDH LAWS ACT, 1876 
——— 

ARRANGEMENT OF SECTIONS 
———— 

PART I 
PRELIMINARY 

PREAMBLE. 

SECTIONS. 

1.  Short title. 
     Local extent. 
     Commencement. 
2.  [Repealed.]. 

PART II 
GENERAL LAWS TO BE ADMINISTERED IN OUDH 

3.  Statutory law to be administered in Oudh. 
4.  Validity of local customs and mercantile usages. 

PART III 
CHAPTER I 
DOWER AMONG MUHAMMADANS 

5.   Muhammadan dower contracts how to be enforced. 

Rule applicable after husband’s death. 

         CHAPTER II 
       PRE-EMPTION 

6.    Right of pre-emption. 
7.    Presumption as to its existence. 
8.    Its existence in towns to be proved. 
9.    Devolution of right when property to be sold or foreclosed is a proprietary or under    
       proprietary tenure. 
9A. When a suit for pre-emption lies. 
10.  Notice to pre-emptors. 
11.  Loss of right of pre-emption. 
12.  Right of pre-emptor on foreclosure.  
13.  Suit to enforce right of pre-emption. 
14.  Decree to fix time for payment.  
15.  Effect of non-payment of purchase-money. 

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SECTIONS. 

CHAPTER III 
PROCEDURE OF THE COURTS 

16. Rule of limitation. 
17. [Repealed.] 
18. [Repealed.] 
19. Rules for taking evidence.  
20. Execution-sale of ancestral and acquired property in land. 
21. [Repealed.] 
22. Service of process within jurisdiction of Lucknow Civil Court.  
23. [Repealed.]  
24. [Repealed.] 
25. [Repealed.] 
26. Revenue-agents authorized to appear, etc., in rent-suits.  
27. Power to make rules for custody and sale of attached property. 
28. [Repealed.] 

CHAPTER IV 
VILLAGE AND ROAD-POLICE 

29. Right to nominate village-policemen. 
30. Obligation to nominate.  
31. Discretion to appoint or reject nominee. 
32.  Power to Government to appoint.  
       Procedure in case of rejection of nominee. 
33. Appointment of road-police. 
34. Duties of village and road-policemen. 
35. Procedure on arrest by village or road-policeman.  
36. Dismissal of village or road-policeman. 
37. Acts punishable.  
      Penalty. 
38. Fines to be credited to such fund as Government appoints. 

CHAPTER V 
SUBSIDIARY RULES 

39. Power to make rules. 
40. Publication of rules. 
41. [Repealed.] 
42. Penalty for breach of rules. 

43. [Repealed.] 

CHAPTER VI 
MISCELLANEOUS 
Honorary Civil Jurisdiction 

Honorary police-officers 

44. Honorary police-officers. 

Creation and alteration of districts and sub-divisions 

45. [Repealed.]  

THE FIRST SCHEDULE.—[Repealed.] 
THE SECOND SCHEDULE. 

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THE OUDH LAWS ACT, 1876 

ACT NO. 18 OF 1876 

An Act to declare and amend the laws to be administered in Oudh.      

WHEREAS it is expedient to declare and amend the laws to be administered in Oudh; It is hereby 

enacted as follows: — 

[10th October, 1876.] 

    PART I 
PRELIMINARY 

1.  Short title.—This Act may be called the Oudh Laws Act, 1876.           

     Local extent.— It extends only to 1*  *  * Oudh;          

     Commencement.—and it shall come into force on the passing thereof. 

2. [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 

PART   II 

GENERAL LAWS TO BE ADMINISTERED IN OUDH 

 23.   Statutory law to be administered in Oudh.—The law to be administered by the Courts of 

Oudh shall be as follows:— 

(a) the laws for the time being in force regulating the assessment and collection of land-revenue; 

(b) in questions regarding succession, special property of females, betrothal, marriage, divorce, 
dower, adoption, guardianship, minority, bastardy, family relations, wills, gifts, legacies, partitions, 
or any religious usage or institution, the rule of decision shall be—               

(1)  any custom applicable to the parties concerned which is not contrary to justice, equity 
or good conscience, and has not been, by this or any other enactment, altered or abolished, and 
has not been declared to be void by any competent authority; 

(2) the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law 
in cases where the parties are Hindus, except in so far as such law has been, by this or any other 
enactment, altered or abolished, or has been modified by any such custom as is above referred 
to: 

(c) the rules contained in this Act: 

(d) the rules published in the Official Gazette as provided by section 40, or made under any 

other Act for the time being in force in Oudh: 

(e) the Regulations and Acts specified in the second schedule hereto annexed, subject to the 
provisions of section 4, and to the modifications mentioned in the third column of the same schedule:

1. The words “the territories for the time being administered by the Chief Commissioner of” rep.  by the A.O. 1937. 
2. The provisions of this section have been rep. in so far as they are inconsistent with the Muslim Personal Law (Shariat) 

Application Act, 1937 (26 of 1937); see s. 6 of that Act. 

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(f) subject to the modifications hereinafter mentioned, all enactments for the time being in force 
and expressly, or by necessary implication, applying to 1[the territories which, immediately before 
the 1st November, 1956 were comprised in Part A States and Part C States] or Oudh, or some part 
of Oudh: 

(g) In cases not provided for by the former part of this section, or by any other law for the    time 

being in force, the Courts shall act according to justice, equity and good conscience. 

4.  Validity of local customs and mercantile usages.—All local customs and mercantile usages 
shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before 
the passing of this Act, been declared to be void by any competent authority. 

PART III 

CHAPTER   I 

DOWER AMONG MUHAMMADANS 

5.  Muhammadan dower contracts how to be enforced.—Where the amount of dower stipulated 
for  in  any  contract  of  dower  by  a  Muhammadan  is  excessive  with  reference  to  the  means  of  the 
husband, the entire sum provided in the contract shall not be awarded in any suit by decree in favour 
of the plaintiff, or by allowing it by way of set-off, lien or otherwise to the defendant; but the amount 
of the dower to be allowed by the Court shall be reasonable with reference to the means of the husband 
and the status of the wife. 

Rule applicable after husband’s death.—This rule shall be applicable whether the suit to enforce 

the contract be brought in the husband's life time or after his death 

CHAPTER II 

PRE-EMPTION 

6.  Right  of  pre-emption.—The  right  of  pre-emption  is  a  right  of  the  persons  hereinafter  in 
mentioned or referred to, to acquire, in the cases hereinafter specified, immovable property in preference 
to all  other persons. 

7. Presumption as to its existence.—Unless the existence of any custom or contract to the contrary 

is proved, such right shall, whether recorded in the settlement-record or not, be presumed— 

(a)    to  exist  in  all  village-communities,  however  constituted,  and  whether  proprietary  or      

under-proprietary,  and  in  the  cases  referred  to  in  section  40  of  the  Oudh  Land-revenue                             
Act, 2(17 of 1876), and 

(b)  to extend to the village-site, to the houses built upon it, to all lands and shares of lands within 

the village-boundary, and to all transferable rights affecting such lands. 

8. Its existence in towns to be proved.—The right of pre-emption shall not be presumed to exist in 
any town or city, or any sub-division thereof, but may be whom to exist therein and to be exercisable 
therein by such persons and under such circumstances as the local custom prescribes. 

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part A States and Part C States”. 
2. See now the U.P. Land Revenue Act, 1901 (U.P. 3 of 1901). 

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 9.  Devolution  of  right  when  property  to  be  sold  or  foreclosed  is  a  proprietary  or  under 

proprietary  tenure.—If 
  to  be 
under-proprietary tenure, or a share of such a tenure, the right to buy or redeem such property belongs, 
in the absence of a custom to the contrary,— 

  property 

  the 

  sold  or  foreclosed  is  a  proprietary  or                                             

1st, 

 to co-sharers of the sub-division (if any) of the tenure in which the property is  
comprised, in order of their relationship to the vendor or mortgagor; 

2ndly,    to co-sharers of the whole mahal in the same order; 

3rdly,    to any member of the village-community; and 

4thly,   if  the property be an under proprietary tenure, to the proprietor.   

Where two or more persons are equally entitled to such right, the person to exercise the same shall 

be determined by lot. 

1[9A. When a suit for pre-emption lies.—No suit shall lie for enforcing a right of pre-emption 

under this Act in respect of a portion only of the property sold or foreclosed: 

Provided  that,  where  the  plaintiff  has  a  right  of  pre-emption  in  respect  of  only  a  portion  of  the 
property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a 
suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate 
price or the proportionate amount due in respect of such mortgage for such portion of the property as the 
case may be.] 

10.  Notice to pre-emptors.—When any person proposes to sell any property, or when he forecloses 
a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give 
notice to the persons concerned of the price at which he is willing to sell such property, or of the amount 
due in respect of such mortgage, as the case may be: 

 2[Provided that, where a person has a right of pre-emption in respect of a portion only of the property 
proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of 
the price or the proportionate amount due in respect of such mortgage at which the person proposing to 
sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.] 

Such notice shall be given through the Court within the local limits of whose jurisdiction the property 
or any part thereof is situate, and shall be deemed sufficiently given if it be stuck up on the chaupal or 
other public place of the village or city in which the property is situate. 

11. Loss of right of pre-emption.—Any person having a right of pre-emption in respect of any 
property proposed to be sold shall lose such right, unless within three months from the date of such 
notice he or his agent pays or tenders the price 3[specified in the notice given under the preceding section] 
to the person so proposing to sell. 

12.  Right of pre-emptor on foreclosure.—When the right of pre-emption arises in respect of the 
foreclosure of a mortgage 4[or a portion of the mortgage], any person entitled to such right may, at any 
time  within  three  months  after  the  giving  of  the  notice  required  by  section  10,  pay  or  tender  to  the 

1.   Ins. by U.P. Act 15 of 1939, s. 2.  
2.   Ins. by s. 3, ibid. 
3.   Subs.  by s.  4, ibid., for “aforesaid”. 
4.   Ins.  by s.  5, ibid. 

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mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a 
right to purchase the property,  1[or a portion thereof, as the case may be]. 

On completion of the purchase the person exercising the right of re-emption shall be bound to pay 
to the mortgagee or his successor in title the amount specified in such notice, together with interest on 
the principal sum secured by the mortgage 1[or the proportionate amount of such principal sum in respect 
of the portion of the property in which he possesses the right of pre-emption, as the case may be], at the 
rate specified by the instrument of mortgage, for any time which has elapsed since the date of the notice, 
and any additional costs which may have been properly incurred by the mortgagee or his successor in 
title. 

13.  Suit to enforce right of pre-emption.—Any person entitled to a right of pre-emption may 

bring a suit to enforce such right on any of the following grounds (namely):— 

(a)  that no due notice was given as required by section 10; 

(b)  that tender was made under section 11 or section 12 and refused; 

(c)  in the case of a sale, that the price stated in the notice was not fixed in good faith; 

(d)  in the case of a mortgage, that the amount claimed by the mortgagee was not really due on 
the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-
value of the property mortgaged, 2[or the portion of the property mortgaged in respect of which he 
possesses the right of pre-emption, as the case may be]. 

If, in the case of a sale, the Court finds that the price was not fixed in good faith, the Courts shall fix 
such price as appears to it to be the fair market-value of the property sold, 2[or the portion of the property 
sold in respect of which he possesses the right of pre-emption, as the case may be]. 

If, in the case of a mortgage the Court finds that the amount claimed by the mortgagee was not really 
due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair 
market-value of the property mortgaged 2[or the portion of the property mortgaged in respect of which 
he possesses the right of pre-emption, as the case may be], the amount to be paid to the mortgagee shall 
not exceed what the Court finds to be such market value. 

14.  Decree to fix time for payment.—If the Court find for the plaintiff, the decree shall specify a 

day on or before which the purchase-money or the amount to be paid to the mortgagee shall be paid. 

15.  Effect of non-payment of purchase-money.—If such purchase-money or amount is not paid 
into Court before it rises on that day, the decree shall become void, and the plaintiff shall’ so far only as 
relates to such sale or mortgage, lose his right of pre-emption over the property to which the decree 
relates. 

1. Ins. by U.P.  Act 15 of 1939, s.  5. 
2. Ins.  by s. 6, ibid. 

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CHAPTER III 
PROCEDURE OF THE COURTS 

16.  Rule of limitation.—The Judicial Commissioner’s Circular No. 104 of July, 1860, shall be held 
to have been a notification within the meaning of section 24 of Act 14 of 1859,1 and such Act shall be 
deemed to have been in force in Oudh from the fourth day of July, 1862; and all orders and decrees 
passed under the rules contained in the said Circular, or under the said Act, shall be deemed to have been 
passed under a law in force for the time being. 

Nothing in this section affects the provisions of sections 102, 104 105, 106, 107 and 108 of the Oudh 

Rent Act (XIX of 1868)2 with regard to the limitation of suits under that Act. 

17.  [Act  32  of  1871,  s.  28,  to  cease  in  any  district  from  date  of  notification  that  it  is  no  longer          

under settlement].— Rep. by the Repealing and Amending Act, 1891 (12 of 1891). 

18.  [Recognized agents.]—Rep., ibid. 

19.  Rules for taking evidence.—3Section 172 of Act No. 8 of 1859 is hereby repealed, so far as 

the province of Oudh is concerned, and the following section is substituted therefore:— 

“On the day appointed for the hearing of the suit, or on some other day to which the hearing may be 
adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence 
and hearing and under the personal direction and superintendence of the Judge. 

“A note of the essential points of the evidence of each witness is to be taken at the time, and in the 
course of oral examination, by the officer who tries the case, in his own language, or in English if-he is 
sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record 
of the case. 

“If the evidence be taken down in a different language from that in which it has been given, and the 
witness  does  not  understand  the  language  in  which  it  is  taken  down,  the  witness  may  require  his 
deposition as taken down to be interpreted to him in the language in which it was given. 

“It shall be in the discretion of the Court to take down, or cause to be taken down, any particular 
question and answer, if there appear any special reason for so doing, or any party or his pleader requires 
it. 

“If any question put to a witness be objected to by either of the parties or their pleaders, and the 
Court allow the same to be put, the question and the answer shall be taken down, and the objection and 
the  name  of  the  party  making  it  shall  be  noticed  in  taking  down  the  depositions,  together  with  the 
decision of the Court upon the objection. 

“The  Court  shall  record  such  remarks  as  it  may  think  material  respecting  the  demeanour  of  the 

witness while under examination. 

4[“The note as above required may be written and signed by the Judge with his own hand or typed 
to his dictation in open Court and signed by him within his own hand, and such note shall form part of 
the record.”] 

1. See now the Limitation Act, 1908 (9 of 1908). 
2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s.  2.  Act 22 of 1886 has been rep. 
     by the U.P. Tenancy Act, 1939 (U.P. 17 of 1939). 
3. See now ss. 191 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908). 
4. Subs. by U.P.  Act 24 of 1954, s. 2 and Sch., for the former paragraph. 

7 

 
                                                           
 1[20.  Execution-sale of ancestral and acquired property in land.—So much of section 60 of the 
Code of Civil Procedure, 1908, (5 of 1908) as renders land liable to sale in execution of a decree shall 
be subject to the following restriction:—No ancestral land shall be sold in satisfaction of a decree without 
the permission of the State Government. 

Explanation.—In this section the words “ancestral land” mean— 

(a) land forming a mahal or share in or portion of a mahal, which has been owned   continuously 
from the conclusion of the first regular settlement by the proprietor, which term shall include an 
under-proprietor as defined section 4, clause (15), of the United Provinces Land revenue Act, 1901, 
(U.P. Act 3 of 1901) or by the person or persons from whom such proprietor has directly or indirectly 
inherited such land; 

(b) land forming an estate or part of an estate as defined in the Oudh Estates Act, 1869 (1 of 

1869); 

(c) land conferred by the British Government as a reward for services rendered to the State on 
the owner or on a person from whom such owner has directly or in directly inherited such land; or 

(d) the interest of the holder of a grant of land revenue conferred by the British or any former 
Government on him or on a person from whom he has directly or indirectly inherited such interest.] 

21. [Appointment of manager of land attached.]—Rep. by the Oudh Civil Courts Act, 1879 (13 of 

1879). 

22.  Service of process within jurisdiction of Lucknow Civil Court.— Notwithstanding anything 
contained  in  the  said  Code,  any  Civil  Court  sitting  within  the  local  limits  of  the  jurisdiction  of  the 
Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants, 
notices and other processes to be served within the local limits of the jurisdiction of the Lucknow Civil 
Court without causing the same processes to be served through such Court. 

23. [Section substituted for Act 19 of 1868, s. 109.]— Rep. by the Oudh Rent Act, 1886 (22 of 1886). 

24. [Section substituted for Act 19 of 1868, s. 118.]—  Rep., ibid.  

25.  [Right  of  occupancy  in  judgment-debtor's  sir-land.]—Rep.  by  the  Oudh  Rent  Act,  1886, 

Amendment Act, 1901 (U.P. 4 of 1901). 

26.  Revenue  agents  authorized  to  appear,  etc.,  in  rent  suits.— Notwithstanding  anything 
contained in Act No. XX of 18652 , all persons duly admitted and enrolled as Revenue-agents under that 
Act in  3* * * Oudh may appear, plead and act in suits under the Oudh Rent Act4 (19 of 1868) in the 
Courts  of  officers  exercising  the  powers  of  Assistant  Collectors,  Deputy  Collectors,  Collectors  and 
Commissioners under the same Act. 

1. Subs.  by U.P.  Act 3 of 1912, s. 2, for the original section. 
2.  See now the Legal Practitioners Act, 1879 (18 of 1879).  
3. The words “the territories for the time being under the administration of the Chief Commissioner of” rep. by the A.O.  

1937. 

4. See now the U.P. Tenancy Act, 1939 (U.P. 17 of 1939). 

8 

 
 
 
 
 
 
 
  
 
 
 
 
 
                                                           
27. Power to make rules for custody and sale of attached property.—With the sanction of the 
State Government, the 1[High Court] may from time to time make rules consistent with this Act and with 
the Code of Civil Procedure2.— 

(a) for the custody and sale of movable property attached in execution of decrees; 

(b) for the levy of a fee or commission on the sale of attached property and the disposal of the 

funds accruing from such fees; 

(c) as to the appointment and remuneration of persons 3[(not being persons in the service of the 

Government)] by whom property is to be attached, kept in custody and sold; 

(d) as to the appointment and remuneration of persons 3[(not being persons in the service of the 
Government)] by whom local investigations under section 180, and investigations and adjustments 
of accounts under section 181, of the Code of Civil Procedure4  are to be made. 

28. [Power to revise decrees and orders of subordinate Courts.]—Rep. by the Oudh Civil Courts 

Act, 1879 (13 of 1879). 

CHAPTER   IV 

VILLAGE AND ROAD-POLICE 

29.  Right to nominate village policemen.—The nomination to the post of village-policeman shall 
be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar 
as their representative; and, where there poll are more lambardars than one, the opinion of the majority 
(unless there is some special provision to the contrary in the village administration-paper) shall prevail. 

30.  Obligation  to  nominate.—Every  person  authorized  to  nominate  to  the  office  of                             

village-policeman shall, within fifteen days after the occurrence of a vacancy in such office, nominate a 
proper person to the vacant post, and communicate the nomination to the Magistrate of the district. 

31. Discretion to appoint or reject nominee.—The person so nominated shall, after due enquiry 

into his age, character and ability, be appointed or rejected by the State Government. 

32. Power to Government to appoint.—In default of such nomination within the said fifteen days, 

the State Government shall appoint such person as it thinks fit to the vacancy. 

Procedure  in  case  of  rejection  of  nominee.—If  the  nomination  has  been  made  within  the  said 
fifteen days, but the nominee is rejected, the person authorized to nominate shall, within fifteen days 
from  the  date  of  such  rejection,  nominate  another  person  to  the  vacant  post;  and  in  default  of  such 
nomination,  or  if  such  nomination  has  been  made  but  the  nominee  is  again  rejected,  the  State 
Government shall appoint such person as it thinks fit to the vacancy. 

33.  Appointment of road police.—Subject to the rules to be framed under section 39 and for the 
time being in force, the State Government may from time to time appoint persons to be 5[road police]. 

34.  Duties of village and road policemen.—Every village-policeman and every road-policeman 

shall perform the following duties: — 

(a) he shall give immediate intermission to the officer in charge of the police-station appointed 

for his village or beat— 

1.  Subs. by the A.O. 1950 for “Chief Court”. 
2.  See now the Code of Civil Procedure, 1908 (5 of 1908). 
3.  Ins. by the A.O.  1937. 
4.  See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order 26, rules 9 to 12. 
5.  Subs. by the A.O. 1937 for “the road-police of his district”. 

9 

 
 
                                                           
(1) of every unnatural, suspicious or sudden death occurring in the village of which he is 

chaukidar, or within his beat; 

(2) of each of the following offences occurring in such village or on such beat (that is to  
say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking, 
counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of 
a  child,  concealment  of  birth,  administering  stupefying  drugs,  kidnapping,  lurking  house-
trespass; and 

       (3)  of  all  attempts  and  preparations  to  commit,  and  abetments  of,  any  of  the  said                      
offences: 

(b) he shall keep the police informed of all disputes which are likely to lead to any riot or serious 

affray: 

(c) he  shall  arrest  all  proclaimed  offenders, and  all  persons  whom  he  may  find  in  the  act of      

committing any offence specified in paragraph (a), clause (2), of this section: 

(d)  he  shall  observe  and  from  time  to  time  report  to  the  officer  in  charge  of  the  police-                   

station within the jurisdiction of which his village or beat may be situate, the movements of all bad 
characters in or on such village or beat: 

(e)  he  shall  report  to  the  officer  in  charge  of  such  police-station  the  arrival  of  suspicious 

characters in the neighbourhood: 

(f) he shall supply to the best of his ability any local intermission which a Magistrate or any 
officer of police may require, and shall promptly execute all orders issued to him: by competent 
authority. 

35.    Procedure  on  arrest  by  village  or  road  policeman.—Whenever  a  village-policeman  or                 

road-policeman arrests any person, he shall take him as soon as possible to the police-station within the 
jurisdiction of which his village or beat is situated. 

36.    Dismissal  of  village  or  road  policeman.—The  Magistrate  of  the  district  may  dismiss  any 

village-police man or road-policeman for any misconduct or neglect of duty. 

Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized 
to  nominate  to  his  office  may  report  him  for  dismissal  to  the  Magistrate  of  the  district;  and  such 
Magistrate shall dismiss him accordingly, unless the Magistrate has reason to think that such dismissal 
would be improper. 

37.    Acts  punishable.—Every  village-policeman  and  road-policeman  guilty  of  any  willful 
misconduct in his office, or of neglect of duty, such misconduct or neglect not being an offence within 
the meaning of the Indian Penal Code (45 of 1860). 

or withdrawing from the duties of his office without permission and without having given at least 
two months notice of his intention withdraw from such duties to the persons authorized to nominate 
appoint under sections 29, 32 and 33 (as the case may be), 

or offering any unnecessary personal violence to any person in his custody, 

Penalty. shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months’ 

pay, or to imprisonment for a period to exceeding three months, or to both. 

38.  Fines to be credited to such fund as Government appoints.—All fines levied under this Act 
on village-policemen or road policemen shall be credited to such fund as the State Government from 
time to time appoints. 

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CHAPTER V 

SUBSIDIARY RULES 

39.    Power  to  make  rules.—The  State  Government  may,  from  time  to  time,  1*  *  *  make  rules 

consistent with this Act as to— 

(a) the discipline and remuneration of the village and road police and the regulation of their 

number, location anti duties; 

(b) the disposal of unclaimed property under Act No. 5 of 1861 (for the regulation of police), 

sections 25, 26 and 27; 

(c)  public  health  and  conservancy  at  fairs  and  other  large  public  assemblies,  and  the     

maintenance of a proper watch and ward at such fairs and assemblies; 

(d) imposing 2* * * taxes for those purposes only; 

3[(e) the keeping and custody of civil, criminal and revenue records.] 

4* 

        * 

* 

* 

* 

40. Publication of rules.— All rules made by the State Government under section 39, and all rules 
made  by  the  5[High  Court]  under  section  27,  shall  be  published  in  the  Official  Gazette,  and  shall 
thereupon have the force of law. 

41. [Continuance of prior rules as to matters for which rules may be made under the Act.]— Rep. 

by the Repealing and Amending Act, 1891 (12 of 1891). 

42. Penalty for breach of rules.—Whoever breaks any rule made or continued under this Act, not 
being a rule made by the 5[High Court], shall, on conviction before a Magistrate; be punishable with fine 
which may extend to fifty rupees, or with imprisonment for a term which may extend to six months, or 
with both. 

CHAPTER   VI 

MISCELLANEOUS 

Honorary civil jurisdiction 

43.  [Power to invest taluqdars with civil jurisdiction.]— Rep. by the Oudh Civil Courts Acts, 1879 

(13 of 1879.) 

Honorary police-officer 

44.  Honorary  police-officers.—The  State  Government  may,  from  time  to  time,  confer  on  any 
person whom it thinks fit any power which may be exercised by a police-officer under any Act for the 
time being in force, and withdraw any power so conferred. 

Creation and alteration of districts and sub-divisions 

45.  Power to create new districts. Power to form sub-divisions of districts. —Rep .by the United 

Provinces Act, 1890 (20 of 1890), s. 35. 

1. The words “with the previous sanction of the G.G. in C.” rep. by Act 14 of 1878, s. 5. 
2. The words “with the previous sanction of the G.G. in C.” rep. by the A.O. 1937. 
3. Subs. ibid., for the original cl. (e). 
4. Clause (f) was omitted by the A.O. 1937, cl. (g) relating to s. 25 of this Act was omitted by the Oudh Rent Act, 1886, 

Amendment Act, 1901 (U.P. 4 of 1901). The proviso was omitted by the A.O. 1937. 

5. Subs. by the A.O. 1950 for “Chief Court”. 

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
 THE FIRST SCHEDULE. — Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 

12 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SECOND SCHEDULE 
(See section 3) 
PART 1.— BENGAL REGULATIONS 

                 Subject 

               Modifications 

 Number and year 
   XXIII of 1803 

 Embezzlement by Native             

Officers. 

3X of 1804 

Punishment by Courts- 
martial of certain State offences. 

XI of 1806 

Assistance 

troops  and 
travellers passing through districts. 

to 

In section 1 and in section 2, clause 
First, before “sezawals,” insert tahsildars”. 
In section 2, after the first clause, insert 

“Second.—The responsibility of the 
sureties of tahsildars extends to the several 
cases provided for in this Regulation.”  

In  section  3,  for  “Dewanny  Adawlut  of 
the  Zillah,  the  Judge  of  which  Court  shall 
detain  him,”  read  “  District  where  he  shall 
be detained;” for “ real or personal,” read “ 
movable or immovable;”  1* * * and omit the 
words  and  figures  “and 
in 
Regulation XXVIII, 1803, regarding suits so 
carried  on  by  the  Collectors  are  to  be  held 
applicable to it.” 2 * * *  
Omit section 8. 
Omit section 1. 

the  rules 

In  section  2,  for  “the  British  territories 
subject to the Government of the Presidency 
of Fort William” read “the territories under 
the 
Chief 
Commissioner of Oudh”. 

administration 

the 

of 

In  section  3,  for  “real  and  personal           

“read “movable or immovable”. 

Omit  sections  1,  7,  9  to  20  (both 
inclusive),  and  so  much  of  the  rest  of  the 
Regulation  as  authorizes  Collectors  and 
their  Native  officers,  or  Magistrates  and 
their  police-officers,  to  give  their  Official 
aid  in  procuring  coolies  for  the  purpose  of 
facilitating  the  march  of  troops  or  the 
progress of travellers. 

For  “Collectors  of  Revenue”  and 
“Collector”  read  “Deputy  Commissioner” 
throughout the Regulation. 

In  sections  2  and  3,  for  “the  Company's 

territories” read “Oudh”. 

In section 2, omit the last sentence. 
In  section  4,  clause  Third,  for  “Central 

Government” read “ State Government” 

In section 5, omit “the Companys;” 4* * * 
In  section  6,  for  “Magistrate”  read  
“Deputy  Commissioner,”  and  for  “on  the 
part of the Collector” read “by the Deputy 
Commissioner”. 

1.  The  words  “for  ‘city’  read  ‘jurisdiction’  ”  were  rep.  by  Act  12  of  1891;  and  the  words  “for  ‘Board  of  Revenue’  read  Chief 

Commissioner’ ” were rep. by Act 20 of 1890, s. 35. 

2. The words “In section 4, omit the words, or in either of the cities of Patna, Dacca and Moorshedabad” were rep. by Act 12 of 1891. 
3. Rep. by Act 4 of 1922, s. 3 and Sch. 
4. The words “and for ‘Board of Revenue’ read ‘Chief Commissioner’ ” were rep. by Act 20 of 1890, s. 35.  

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
Number and year 

                  Subject 

                  Modifications 

       2 *       *       * 
  3 III of 1818 

          *           *           * 
     State Prisoners 

In  section  8,  for  “the  Company’s 

provinces” read “Oudh” 1 * * *. . 
   *           *          *             * 

In section 1, omit “situated within the 
territories  dependent  on  the  Presidency 
of  Fort  William,”  and from  “which  are 
to take effect “to the end of the section. 
In  section  2,  clause  Third,  omit 
“within  the  territories  subject  to  the 
Presidency of Fort William”. 

In section 4, omit clause First. 
In  the  same  section,  clause  Second, 
for  “Zillah  or  City  Magistrate”  read 
“Deputy  Commissioner,” 
“Judge of Circuit” read “Commissioner 
of Division”. 

and 

for                        

In  section  9,  for  “to  the  Provincial 
Court of Appeal and Circuit and to the 
Sudder Dewanny Adawlut and Nizamut 
Adawlut”  read  “and  to  the  Judicial 
Commissioner”. 
Omit section 10. 

*             *            * 

 Omit the whole except section 38. 

     4*   *    * 
    XI  of   1822     .                     

*        *        * 
Non-liability of Government for 
errors of a Court of Justice. 

    VI  of   1825     .     Supply of troops on the march. 

 In  the  preamble,  omit  the  last  twenty 

words. 

 In  section  2,  omit  “in  pursuance  of 
section III, Regulation XI, 1806,” and omit 
“sicca”. 

In  section  4,  for  “Board  of  Revenue  in 
whose  jurisdiction  the  district  may  be 
situate” and “Board” read “Commissioner”. 
In section 5, omit “on the stamped paper 
prescribed for other appeals to the Revenue 
Boards”  and  for  “the  proper  Board”  and 
“the Board” read “the Commissioner”. 

1.  The  words  and  figures  “and  omit  the  words  and  figures  ‘(under  the  rules prescribed  by  Regulation 5  of  1804,)’  and  ‘in          

Regulation 27 of 1803” were rep. by Act 12 of 1891. 

2. The entries relating to Bengal Regulations 17 of 1806, 20 of 1810 and 5 of 1817 were rep. by Acts 4 of 1882, 13 of 1889 and        

6 of 1878, respectively. 

3. This Regulation was rep. by Act 48 of 1952, s. 2 and Sch. I. 
4.  The entry relating to Bengal Regulation 6 of 1819 was rep. by Act 12 of 1891. 

14 

 
 
 
 
 
 
 
 
 
 
                                                           
Number and year 
XI of 1825 

         Subject 
Alluvion and Diluvion 

  1*       *        * 

            *          *          * 

              Modifications 
Omit section 1. 
In  section  3,  omit “either” and  “or 

the sea”. 

In  section  4,  clause  First,  Omit 
“whether” and “or of the sea,” and for     
“ the provisions of Regulation II, 1819, 
or  of  any  other  Regulation  in  force,” 
read  “any  law  in  force  for  the  time 
being;”  clause  Third,  omit  “or  in  the 
sea”    and  “or  sea;”  clause  Fifth,  omit             
“or the sea”. 

In section 5, for “Zillah and City 

Magistrates” read “Deputy 
Commissioners”. 
               *                 *              * 

PART II.- ACTS OF THE GOVERNOR GENERAL IN COUNCIL 

  2*       *       * 
   3XX of 1856        .  

           *            *         * 

             *                 *              * 

Chaukidars .            .        

In the preamble, after “Bengal” add   

the 

“and 
administration 
Commissioner of Oudh”. 

territories 
of 

under 

the 

the 
Chief 

  XIII of 1857        . 

.  .   .   Opium  

   5*      *      * 
   6XXII of 1871. 

*       *       * 
Chaukidars    .        . 

Omit 
“wherever 
“Commissioner”. 

the  words 
they 

Omit section 40. 

“of 
occur 

circuit”                       

after                                       

In the title, after “the Presidency of 
Fort William in Bengal,” read “and the 
territories  under  the  administration  of 
the  Chief  Commissioner  of  Oudh”.  
4*** 

In 

section 

3, 

omit 

“being 

covenanted servants of the Company. 
           *               *                * 

In section 1, after “Presidency” 

insert “or territories”. 

In section 3, omit the words “of 

circuit”. 

Omit section 6. 

1. The entry relating to Bengal Regulation 20 of 1825 was rep. by Act 10 of 1882. 
2. The entry relating to Act 19 of 1853 was rep. by Act 1 of 1903. 
3. Act 20 of 1856 has been repealed in the U.P. by the U.P. Town Area Act, 1914 (U.P.  2 of 1914). 
4. The modification relating to s. 2 was rep. by Act 12 of 1891. 
5. The entry relating to the Minors Act, 1858 (40 of 1858), was rep. by Act 3 of 1890 
6. Act 22 of 1871 was rep. in the U.P. by Act 18 of 1919 and generally by Act 1 of 1938. 

15 

 
 
 
 
                                                           
